Study On The Legal Protection Of Rights Of Farmers In Land Requisition

These years, the problem of the protection of the rights and interests of land-losing farmers is the key and difficult point in F.R.A. work. It has become the critical problem that effects the stability and development of our society. Therefore, there's great meaning to provide legal protection to the rights and interests of land-losing farmers.The article combines the study method of theory with practice and, in accordance with the logical structure of what-why-how, commence from the content of the rights of land-losing farmers and their living status to deeply discuss the reason that the rights of land-losing farmers has been damaged. The article hold that we should pay great attention to protect land-losing famers'rights, including rights in law and other land-related rights. In the end, the author analyses the defect of the legal system protecting rights of land-losing farmers and makes some suggestion on how to perfect it.We should firstly clear the content of land-losing farmers'rights in order to protect the rights of land-losing farmers. In our country, it just the vague content of rights that makes the rights of land-losing be damaged, The rights of land-losing farmers are rights and interests belonged to farmers which should not be violated during the process of land requisition, including economic, politic and other land-related rights and interests. To be specifically, some legal rules have been clearly prescribe that rights of farmers consist of rights to get compensation, to be settled down, to advice and to supervise. The reason why farmers go to a miserable status in material possession and mental afer land requisition is that because of the serious defection of requisition system of land, the present legal system of protecting rights of land-losing farmers exists a lot of problems. For example, the requisition procedures are not standard and open; the purpose of requisition is confusing and is easy to make government abuse its power by"public benefit"; the principle and content of compensation is not clear and the compensation is not closely combined with the market, and the distribution system is not reasonable; land-losing farmers are lack of relief ways. Thereby, we should take measures to perfect the defects and lackings.The author puts on some suggestion. The author thinks that the meaning of public benefit should be strictly defined to avoid abusing of power; the nature of property of farmers'rights of contract and use of land should be defined in legal to avoid expropriating of farmers'rights arbitrarily; the compensation system of land should be pefected; an integrated social security system to land-losing farmers should be constructed; a free-flowing and effective way of justice relief to land-losing farmers should be establishede; etc. We can establish a perfect legal system to protect rights and interests of land-losing farmers by these suggestion that is full of operability and direction.